Definition of CopyrightCopyright can be defined as an exclusive right to ‘copy’ certain

intellectual works created by a person.

The word “Copyright” is derived from the expression ‘copies of the words’, first used in 1586 in this sense.

What stands for IPR?• Intellectual Property refers to creations of the mind: inventions;

literary and artistic works; and symbols, names and images used in commerce

Two categories of IPR: Industrial Property Intellectual Property Rights

Protects moral and material interests resulting from authorship of scientific, literary or artistic productions.

World Intellectual Property OrganizationObjective: To promote the protection of intellectual property throughout the world through cooperation among States and, where appropriate, in collaboration with other international organizations.

Important Conventions & Treaties:The Paris Convention for the Protection of Industrial Property in 1883 The Berne Convention for the Protection of Literary and Artistic Works- 1886 The WIPO Copyright Treaty (WCT)- 1996The Patent Cooperation Treaty (PCT)- 1970

Which are the Intellectual Property Rights?

PatentTrademarksTrade SecretsIndustrial designsCopyright

What Copyright means? Copyright (or author’s right) is a legal term used to describe the

rights that creators have over their literary and artistic works.Who is an Author?

Copyright covers: Literary works - novels, poems and play Films Music Artistic works - drawings, paintings, photographs and sculptures Architectural design.

Legal aspects of Copyright When Copyright protection commences for a work? Grants legal protection Provides reasonable access to society to encourage innovation, research and further creativity

Rights for reproduction Rights for modification/adaptation Rights for distribution Rights for public performance

Exceptions to the Copyright laws

Libraries and archives For Fair Use. The matter of disposition

What does mean by “Fair Use”..

Things excluded from copyright protection

Ideas Useful Articles Inventions, Methods, Formulas, Devices and Processes Facts Names, Titles or Short Phrases Typefaces The Public Domain Expired Copyright Forfeited Copyright Dedicated Works.

Copyright in perspective of Indian Copyright Act, 1957‘Section 22 – 29 terms of Copyright’ until [sixty] years from the beginning of the calendar year..

Published literary, dramatic, musical and artistic works (other than a photograph) Anonymous and pseudonymous works Posthumous work Photographs Cinematograph films Records Government work & Public undertakings International Organizations

Plagiarism and Copyright Infringement Plagiarism? Intentional theft Source-memory error Ignorance

Copyright infringement - unauthorized or unlicensed copying of a work subject to copyrightMoral rights may be infringed!

Criteria for Copyright Protection

Work must be original

Originality relates to the form of expression and not to the underlying

idea.

Is Copyright protects both published and unpublished works?

Copyright even applies to the drawing of a child!!

Civil Remedies for Infringement of Copyright

Section 55 of The Indian Copyright Act, 1957 Injunction, damages..

In case the defendant proves that at the date of the infringement he was not aware that copyright subsisted in the work..?

Impact of Copyright in Library ServiceIn May 2009, EIFL, IFLA and LCA published a joint Statement of Principles on Copyright Exceptions and Limitations for Libraries

Principles are:•Preservation•Legal deposit•Interlibrary loan and document supply•Education and classroom teaching

Reproduction for research or private purposesProvision for persons with disabilitiesGeneral free use exceptions applicable to librariesOrphan worksCopyright termTechnological protection measures that prevent lawful usesContracts and statutory exceptionsLimitation on liability

Copyright and Digital LibraryThe success of the Information Society depends on digital content being accessible.!

Measures used for preventing copying digital data:Technological Protection Measure (TPM)Digital Rights Management (DRM)

A system for identifying copyright works in the digital environment - Digital Object Identifier (DOI)

Need of Copyright literacy among Librarians?

• To make use of the provisions of ‘Fair Use’ in order to satisfy the information requirements of their users.

• Enables to render the services without violating copyright laws.

Library being a creature of balance in copyright lawLibraries are the only entities that provides:Access to the vast majority of copyrighted works that lose market vitality long before the expiration of the copyrights.The only entities that preserve public domain materials.

Multiple roles of libraries: As social organizations address the balance in the law. As institutional roles pay close attention to balance and to promote users' rights as well as creators' rights.

Libraries are a small but significant market for published works

The creation of new intellectual property building on the old is stimulated as a result of the existence of libraries.

Knowledge is Power! Knowledge has been recognized not only as a source of power but

also as the primary source of property. Knowledge is the most significant thing in this rapidly changing

society, the world over. Explicit statutory limitations on copyright monopolies become much

more important to the future of libraries.

Thank You..Thank You..